Reservation of Grantor Street Rights. Nothing in this Agreement shall prevent Grantor or utilities owned, maintained or operated by public entities other than Grantor, from constructing sewers; grading, paving, repairing or altering any Street; repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's System. However, if any of Grantee's work interferes with the construction or repair of any Street or public improvement, including construction, repair or removal of a sewer or water main, Grantee's work shall be removed or replaced in the manner Grantor shall direct, and Grantor shall in no event be liable for any damage to any portion of Grantee's work. Any and all such removal or replacement shall be at the expense of Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by Grantor's written notice to Grantee, Grantor may effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee, including all reasonable costs and expenses incurred by Grantor due to Grantee's delay.
Appears in 2 contracts
Samples: Right of Way Agreement, Right of Way Agreement
Reservation of Grantor Street Rights. (A) Nothing in this Agreement shall prevent Grantor or utilities owned, maintained or operated by public entities other than Grantor, from constructing or repairing sewers; grading, paving, repairing or altering any Street; constructing, repairing or removing water mains, sewers, surface water or storm sewers; or constructing constructing, repairing, or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's Cable System. .
(B) However, if any of Grantee's work Cable System interferes with the construction or repair of any Street or public improvement, including including, but not limited to construction, repair or removal of a sewer water mains, sewers, surface water or water mainstorm sewers, GranteeGrantee shall remove or replace Xxxxxxx's work shall be removed or replaced Cable System in the manner Grantor shall direct, and Grantor shall in no event be liable for any damage to any portion of Grantee's work. Any and all such removal or replacement shall be at the expense of Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date within a reasonable period of time established by Grantor's Grantor in its written notice to Grantee, Grantor may effect such removal, adjustment or relocation, and the expense thereof shall be paid by GranteeXxxxxxx, including all reasonable costs and expenses incurred by Grantor due to Grantee's delay. Grantor shall in no event be liable for any damage to any portion of Grantee's Cable System on account of the removal, adjustment or relocation of Grantee’s facilities pursuant to this subsection.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
Reservation of Grantor Street Rights. Nothing in this Agreement shall prevent Grantor or utilities owned, maintained or operated by public entities other than Grantor, from constructing sewers; grading, paving, repairing or altering any Street; repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's Cable System. However, if any of Grantee's work Cable System interferes with the construction or repair of any Street or public improvement, including construction, repair or removal of a sewer or water main, Grantee's work Cable System shall be removed or replaced in the manner Grantor shall direct, and Grantor shall in no event be liable for any damage to any portion of Grantee's workCable System. Any and all such removal or replacement shall be at the expense of Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by GrantorXxxxxxx's written notice to Grantee, Grantor may effect such removal, adjustment or relocation, and the expense thereof shall be paid by GranteeXxxxxxx, including all reasonable costs and expenses incurred by Grantor due to Grantee's delay.
Appears in 1 contract
Samples: Franchise Agreement
Reservation of Grantor Street Rights. Nothing in this Agreement shall prevent Grantor or utilities owned, maintained or operated by public entities other than Grantor, from constructing sewers; grading, paving, repairing or altering any Street; repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's System. However, if any of Grantee's work System interferes with the construction or repair of any Street or public improvement, including construction, repair or removal of a sewer or water main, Grantee's work System shall be removed or replaced in the manner Grantor shall direct, and Grantor shall in no event be liable for any damage to any portion of Grantee's workSystem. Any and all such removal or replacement shall be at the expense of Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by Grantor's written notice to Grantee, Grantor may effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee, including all reasonable costs and expenses incurred by Grantor due to Grantee's delay.
Appears in 1 contract
Samples: Right of Way Agreement